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Ra.  I 


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Library 

OF  THE 

University  of  NortK  Carolina 

This  book  was  presented  by 

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A  BILL 


TO   INCORPORATE 


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WESTERN    NORTH    CAROLINA 


RAILROAD    COMPANY? 


R.ALEIGH2 

SEATON  GALES,  PRINTER  TO  THE  LEGISLATURE* 

fiiii 


[Introduced  by  Mr.  Webb. — Read  first  time  and  passed? 
and  referred  to  the  Committee  on  Internal  Improvements? 
and  ordered  to  be  printed.] 


To  incorporate  the   Western  North  Carolina  Rail  Road 
Company. 

I.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 

2  North  Carolina,  and  it  is  hereby  enacted  by  the  autho- 

3  rity  of  the  same.     That  for  the  purpose  of  effecting  a 

4  Rail  Road  Communicaton  between  the  Union  and  Spar- 

5  tanburg  Railroad,  at  Spartanburg,  Court  House,  South 

6  Carolina,  and  the  town  of   Knoxville,   Tennessee,  the 

7  formation   of    a   Corporate    Company,  with  a  capital 

8  stock  of  one  Million  of  dollars,  is  authorized,  to  be  called 

9  the  Western  North  Carolina  Rail  Road  Company,  and 

10  when  formed  in  compliance  with  the  conditions,  here- 

11  inafter  prescribed,  to  have  a  corporate  existence  as  a 

12  body  politic  in  perpetuity. 

II.  Be  it  further  enacted,  That  the  said  company  be  and 

2  the  same  is  hereby  authorized  to  construct  a  Rail  Road, 

3  beginning  at  Spartanburg  Court  House,  South  Carolina 

4  running  thence  through  the  County  of  Rutherford,  near 

5  Rutherfordton,  North  Carolina,  and  by  the  most  practi- 

6  cal  route  crossing  the  Blue  Ridge  in  the  Reedy  Patch 

7  Gap  to  the  line  of  the  State  of  ^Tennessee.     Said  line 

8  to  be  intersected  at  such  a  point  as  will  form  a  junc- 

9  tion  with  a  Rail  Road    from  Knoxville  to  the   dividing 

10  line  between  the  States  of  North  Carolina  and  Ten- 

11  nessee. 


124 


III.  Be  it  further  enacted,  That  for  the  purpose  of  cre- 

2  ating  the  Capital   Stock  of  said  Company,  the  follow- 

3  ing  be  and   the  same  are  hereby  appointed   Com  mis- 

4  sioners,  viz : 


IV.  Be  it  further   enacted,  That  whenever  the  sum  of 

2  three  hundred  thousand  dollars   shall  be   subscribed  in 

3  manner  and  form  aforesaid,  in  shares  of  one  hundred 

4  dollars  each,  the  subscribers,  their  executors,  admin- 

5  istrators  or  assigns  shall  be  and  they  are  hereby   de- 

6  clared  incorporated  into  a  Company,  by  the  name  and 

7  style  of  the  Western   North  Carolina  Rail  Road  Com- 

8  pany ;  and  by  that    name  shall  be  capable  in  law    and 

9  Equity,  of  purchasing,  holding,  selling,  leasing  and  con- 

10  veying  estates,  real,  personal,  and  mixed,  and  of  acquir- 

1 1  ing  the  same  by  gift  or  devise,  so  far  as  shall  be  neces- 

12  sary  for  the  purposes  embraced  within  the  scope,  object 

13  and  interest  of  their  character  and  no  further,  and  shall 

14  have  perpetual  succession,  and  by  their  corporate  name 

15  may  sue  and  be  sued,   plead  and  be  impleaded,  in   any 

16  Court  of  law  and  Equity  in  the  State  of  JNorth  Carolina; 

17  and  may  have  and  use  a  common  Seal,  which  they  may 

18  alter  and  renew  at  pleasure,  and  shall  have  and  enjoy  all 

19  other   rights  and   immunities   which  other   corporate 

20  bodies,  may,  and  of  right  do,  exercise ;    and  make  all 

21  such   by-laws,   rules    and   regulations,    as   are    neces- 

22  sary   for  the  government  of  the  corporation  or  effect- 

23  ing  the  object  for  which  it  was  created,  not  inconsistent 
21  with  the  Constitution  and  laws  of  the  State. 


125 

V.  Be  it  further  enacted,  That  it  shall  he  the  duty  of  the 

2  Commissioners  or  a  majority  of  them  appointed  under 

3  the  third  Section  of  this  act,  as  soon  as  the  sum  of  three 

4  hundred  thousand  dollars  shall  have  been  subscribed  in 

5  manner  aforesaid,  in  shares  of  one  hundred  dollars  each 

6  to  appoint  a  time  for  the  stock  holders  to  meet  at  Ash* 

7  ville  in  the  County  of  Buncombe,  after  having  given  at 

8  least  thirty  days  notice;  at  which  time  and  place  a  ma- 

9  jority  of  the  Stockholders,  being  represented  in  person  or 

10  by  proxy,  shall  proceed  to  elect  nine  Directors,  out  oi 

11  the  number  of  Stockholders,  each  of  whom  shall  possess 

12  at  least  five  shares  of  the  stock,  and  the  said  Stockhol- 

13  ders  shall  then  proceed  to  elect  a  President  and  Treas- 

14  urer,  out  of  the  number  of  Stockholders  ;  and  the  said 

15  directors  shall  have  power  to  perform  all   other  duties, 

16  necessary  for  the  government  of  the  corporation  and  the 

17  transaction  of  its  business.     The  persons  elected  direc- 

18  tors  at  the  meeting  aforesaid,  shall  serve   such  period, 

19  not  exceeding  one  year,  as  the  Stockholders  may  direct, 

20  and  at  that  meeting   the  Stockholders    shall  fix  on   the 

21  day  and  place  or    places  where  the  subsequent  election 

22  of  President,    Treasurer  and  Directors,  shall  be  held; 

23  and  such  elections   thenceforth  shall  be  annually  made, 

24  but  if  the  day  of  the  annual  election  should  under  any 

25  circumstances  pass  without  the  election  of  officers,  the 

26  corporation    shall  not  thereby  be    dissolved,    but  the 

27  officers  elected  shall  continue  in  office  until  a  new  elec- 

28  tion  takes  place. 

VI.  Be  it  further  enacted,  That  the  election  of  Presi- 

2  dent,  Treasurer  and  Directors  shall  be   by  ballot ;  each 

3  Stockholder  having  as  many   votes  as  he  has  shares  in 

4  the  stock  of  the  Company,  and  the   persons  having  a 

5  majority  of  the  stock   polled  shall   be  considered  duly 

6  elected.     And  at  all  elections,  and  upon  all  votes  taken 

7  in  any  meeting  of  the  Stockholders,  upon  any  by-law, 

8  or  any  of  the  affairs  of  the  Company,  each  share  of  stock 


126 


9  shall  be  entitled  to  one  vote,  to  be  represented  either  in 

10  person  or  by  proxy,  and  proxies  may  be  verified  in  such 

1 1  manner  as  the  by-laws  of  the  Company  may  prescribe. 

VII.  Be  it  further  enacted,   That  the  board  of  directors 

2  may  fill  all  vacancies  which  may  occur  in  it  during  the 

3  period  for  which  they  have  been  chartered,    and  in  the 

4  absence  of  the  president,  may  appoint  a  president  pro 

5  tempore,  to  fill  his  place,  from  among  their  own  number. 

VIII.  Be  it  further  enacted,    That  the   Board  of  Direc- 

2  tors  may  call  for  the  sums  subscribed  as  stock  in  said  com- 

3  pany,  in  such  instalments  as  the  interest  of  said  com- 

4  pany  may,  in  their  opinion,  require ;  the  call  for  each 

5  payment  shall  be  published  in  one  or  more  newspapers 

6  for  the  space  of  one  month  before  the  day  of  payment  r 

7  and  on  failure  of  any  stockholder  to  pay  each  instal- 

8  ment,  as  thus  required,  the  directors  may  sell,  at  public 

9  auction,  on  a  previous  notice  of  ten  days,  for  cash,  all 
10  the  stock  subscribed  for  in  said  company,  by  such 
J 1  stockholder,  and  convey  the  same  to  the  purchaser,  at 

12  said  sale  ;  and  if  said  sale  of  stock  do  not  produce    a 

13  sum  sufficient  to  pay  off  the  incidental  expenses  of  the 

14  sale,  and  the  entire  amount  owing  by  such  stockholder 

15  to  the  company,  for  such  subscription  of  stock,  then  and 

16  in  that  case  the  whole  of  such  balance  shall  be  held  as 
IT  due  at  once  to  the  company,  and  may  be  recovered  of 
13  such  stockholder  or  his  executors,  administrator  or  as- 
10  signs,  at  the  suit  of  said  company,  either  by  summary 

20  motion,  in    any  Court  of  superior  jurisdiction,  in  the 

21  county  where  the  delinquent  resides,  on  previous  notice 

22  often  days  to  said  subscriber,  or  by  the  action  of  as- 

23  sumpsit,  in  any  court  of  competent   jurisdiction,  or  by 

24  warrant  before  any  justice  of  the  peace,  where  the  sum 

25  does  not  exceed  one  hundred  dollars,  and  in  all  cases 

26  of  assessment  of  stock  before  the  whole  amount  has 

27  been  paid  to  the  company,  then  for  all  such    sums  due 

28  on  such  stock,  both   the   original  subscribers,  and  the 


127 


29  first  and  all  subsequent  assignees,  shall  be  liable  to  the 

30  company,  and  the  same  may  be  recovered  as  above  de- 

31  scribed. 

IX.  Be  it  further  enacted,    That  the  debt  of  the  stock- 

2  holders,  due  to  the  company,  for  stock  therein,  either  as 

3  original  proprietor,  or  as  first  or  subsequent  assignee, 

4  shall  be  considered  as  of  equal  dignity  with  judgments 

5  in  the  distribution  of  assets  of  a  deceased  stockholder, 

6  by  his  legal  representatives. 

X.  Be  it  further  enacted,   That  the  said  company  shall 

2  issue  certificates  of  stock  to  its  members  ;   and  said 

3  stock  may  \>e  transfered  in,  such  manner  and  form  as 

4  may  be  directed  by  the  by-laws  of  the  company. 

XL  Be  it  further  enacted,   That  said  company  may  at 

2  any  time  increase  its  capital  stock  to  a  sum  sufficient 

3  to  complete  said  road,  and  not  exceeding  the  additional 

4  sum  of  one  million  of  dollars,   making,  in  the  whole, 

5  two  millions  of  dollars,  either  by  opening  books  for  the 

6  subscription  of  new  stock,  or  borrowing  money  on  the 

7  credit  of  the  company,  and  on  the  mortgage  of  its  char- 

8  ter  and  works,  and  the  manner  in  which  the  same  shall 

9  be  done  in  either  case;  shall  be  prescribed  by  the  stock 
10   holders. 

XII.   Be   it  further  enacted,   That   the    company  shall 

2  have  power,  and  may  proceed  to  construct,  as  speedily 

3  as  possible,  a  railroad,  with  one  or  more  tracks,  from  , 

4  Spartanburg   Court    House,   South    Caroling,  running 

5  thence  through  the  county  of  Rutherford,  zfear  Ruther- 

6  fordton,   North   Carolina,  and   by    the    most  practical 

7  route,  crossing   the  Blue   Ridge  in   the  Reedy  Patch 

8  Gap,  to  the  line  of  the  State  of  Tennessee;  said  com  - 

9  pany,  shall  have  the  privilege  of  using  any  section  of 
10  the  said  road  constructed  by  them,  before  the  whole  o  f 
il  said  road  shall  be  completed. 


128 


XIII.  Be  it  further  enacted,  That  all  contracts  or  agree» 

2  merits,  authenticated  by  the  president  and  secretary  of 

3  the   board,  to   be   appointed    by  the  directors,  shall  be 

4  binding  on  the  company,  with  or  without  a  sale;  such  a 

5  mode  of  authentication  shall  be  used  by  the  company, 

6  as  the  company  by  their  by-laws  may  adopt. 

XIV.  Be  it  further  enacted,   That  said  company  may 

2  purchase,  have  and  hold  in  fee,  or  for  a  term  of  years , 

3  any  lands,  tenements  or   hereditaments,  which  may  be 

4  necessary  for  the  said  road,  or  for  the  erection  of  de- 

5  positories,  store  houses,  or  houses  for  the  officers,  ser- 

6  vants  or  agents  of  the  company,  or  for  work  shops  or 

7  foundries,  to  be  used  by  the  company,  or  for  procuring 

8  stone  or  other  materials  necessary  to  the  construction 

9  of  the  road,  or  effecting  transportation,  and  for  no  other 
10  purpose  whatever. 

XV.  Be  it  further   enacted,   That   the  company   shall 

2  have  the  right,  when  necessary,  to  construct  the  said 

3  road  across  any  public  road  :   Provided,  That  the  said 

4  company  shall  not  obstruct  any  public  road,  without 
5#  first  constructing  one  equally  as  good  and  as  con- 
6   venient. 

XVI.  Be  it  further   enacted,    That  when  any  lands  or 

2  rights  of  way  be  required  by  said  company,  for  the  pur- 

3  pose  of  constructing  their  road,  and  for  want  of  agree- 

4  ment  as  to  the  value  thereof,  or  for  any  other  cause, 
o  the  same  cannot  be   purchased   from   the   owner    or 

6  owners,  the  same    may  be   taken    at   valuation,  to  be 

7  appointed  by  any  Court  of  Record,  having  a  common 

8  law  jurisdiction,  in  the  county  where  some  .part  of  the 
0    the  land  or  right  of  way,  is  situated.     In  making  said 

10  valuation,  the  said  commissioners  shall  take  into  con- 

11  sideration  the  loss  or  damrge  which  may  accrue  to  the 
1  2  owner  or  owners,  in  consequence  of  the  land  or  right 

13  of  way  being  surrendered,  and  the  benefit  and  advan- 

14  tage,  he,  she  or  they  may  receive  from  the  erection  o 


129 


15  the  said  road,  and  shall  state  particularly  the  value  and 

16  amount  of  each  ;  and  the  excess  of  the  loss  and  damage 

17  over  and  above  the  advantage  and  benefits  shall  form 

18  the  measure  of  valuation  of  said  land  or  right  of  way  : 

19  Provided,  nevertheless,   That  if  any  person  or  persons, 

20  over  whose   land  the  road  may  pass,  or  the  company, 

21  should  be  dissatisfied  with   the   valuation  of  the  said 

22  commissioners,  then,  and  in  that  case,  either  party  may 

23  have  an  appeal  to  the  Superior  Court.     The  proceed- 

24  ings  of  said  commissioners,  accompanied  with  a  full 

25  description  of  the  said  land,  or  right  of  way,  shall  be 

26  returned,  under  the  hands  and  seals  of  a  majority  of 

27  the  commissioners,  to  the  Court  from  which  the  com- 

28  mission   issued,  there  to  remain   a  matter  of  record. 

29  And  the  lands,  or  right  of  way,  so  valued  by  the  com- 

30  missioners,  shall  vest  in  the  said  company  so  long  as 

3 1  the  same  shall  be  used  for  the  purposes  of  said  railroad, 

32  so  soon  as  the  valuation  may  be  paid,  or  when  refused, 

33  may  have  been  tendered  :    Provided,    That  on  applica- 

34  for  the  appointment  of  commissioners  under  this  sec- 

35  tion,  it  shall  be  made  to  appear  to  the   satisfaction  of 

36  the  Court,  that  at  least   ten  days  previous  notice  has 

37  been  given  by  the  applicant  to  the  owner  or  owners  of 

38  land  proposed  to   be  condemned  :   Provided,  further, 

39  That  the  right  of  condemnation  shall  not  authorize  the 

40  said  company  to  invade    the  dwelling  house,  yard    or 

41  garden  of  any  individual,  without  his  consent. 

XVII.  Be  it  further  enacted,  That  the  right  of  said  com- 

2  pany  to  condemn  lands,  in  the  manner  described  in  the 

3  16th  section  of  this  act,  shall  extend  to  the  condemning1 

4  only  one  hundred  feet  on  each  side  of  the  main  track 

5  of  the  road,  measuring  from  the  centre   of  the   same, 

6  unless  in  case  oi  deep  cuts  and  fillings,  when  said  com- 

7  pany  shall  have  power  to  condemn  as  much  in  addition 

8  thereto,  as  may  be  necessary  for  the  purpose  of  construct- 

9  ing  said  road ;  and  the  company,  in  like  manner,  shall 
10  also  have  power  to  condemn  any  appropriate  lands  for 


130 


11  constructing  and  building  of  depots,  shops,  warehousesT 

12  buildings  for  servants,  agents,  and  psrsons  employed  on 

13  the  road,  not  exceeding  two  acres  in  one  lot  or  station. 

XVIII.  Be  it  further  enacted,  That  all  lands  on  which 

2  the  road  may  be  located,  not  heretofore  granted  by  the 

3  State,  within  one  hundred  feet  of  the  centre  of  the  road? 

4  which  may  be  constructed  by  said  company,  shall  vest 

5  in  the  company  as  soon  as  the  line  of  the  road  is  defi- 

6  intel y  laid  out  through  it,   and  any  grant  of  said  land 

7  thereafter,  shall  be  void. 

XIX.  Be  it  further  enacted,  That  the  said  company  shall 

2  have  the  exclusive  right  of  conveyance,  or  transporta- 

3  tion  of  persons,  goods,  merchandize  and  produce,  over 

4  said  road,  at  such  charges  as  may  be  fixed  on  by  a  ma- 

5  jority  of  the  directors. 

XX.  Be   it  further  enacted,   That  said  company  shall 

2  have  the  right,  and  it  shall  be  their  duty,  to  take,  at  the 

3  store  houses  they  may  establish  on,  or  annex  to   their 

4  railroad  or  the  branches  thereof,  all  goods,  wares,  mer- 

5  chandize  and  produce,  intended  for  transportation,  pre- 

6  scribe  the  rules  of  priority  and  charge,  and  receive  such 

7  just  and  reasonable   compensation  for  storage,   as  they, 

8  by  rules,  may  establish,    which  they   shall  cause  to  be 

9  published,  or  as  may  be  fixed  by  agreement. 

XXI.  Be  it  further  enacted ,  That  if  any  person  shall  in- 

2  trude  on  the  said  railroad,  by  any  manner  of  use  thereof, 

3  or  of  the   rights  and  privileges  connected   therewith, 

4  without  their  permission,  and  contrary  to  the  will  of  the 

5  said  company,  he,  she,  or  they,  may  be  indicted  for  mis- 

6  demeanor,  and  upon  conviction,  fined   and  imprisoned 

7  by  any  court  of  competent  jurisdiction. 

XXII.  Be  it  further  enacted,  That,  if  any  person  shall 
2  wilfully  and  maliciously  destroy,  or  in  any  manner  dam- 


,    131 

3  age  or  obstruct,  or  shall  wilfully  or  maliciously  cause, 

4  or  aid  or  assist,  or  counsel  and  advise,  any  other  person 

5  or  persons,  to  destroy,  or  in  any  manner  injure  or  ob- 

6  struct  the  said  railroad,  or  any  bridge  or  vehicle,  used 

7  for  or  in  the  transportation  thereon,   any  water  tank, 

8  ware  house,  or  any  other  property  ot  said  company,  such 

9  person  or  persons   so  offending  shall  be  liable  to  be  in- 

10  dieted  therefor,  and,  on  conviction,  shall  be  imprisoned 

11  not  more  than  six,  nor  less  than  one  month,  and  pay  a 

12  fine  not  exceeding  five  hundred  dollars,  at  the  discretion 

13  of  the  court,   before  which  said  conviction  shall  take 

14  place,  and  shall  be  further  liable  to  pay  the  expenses  of 

15  repairing  the  same. 

XXIII.  Be  it  further  enacted,   That  the  profits  of  the 

2  company,  or  so  much  thereof,  as  the  board  of  directors 

3  may  deem  advisable,  shall,  when  the  affairs  of  the  com- 

4  pany  will  permit,  be  semi-annually  divided  among   the 

5  stockholders,  in  proportion  to  the  stock  each  may  own. 

XXIV.  Be  it  further   enacted,  That  notice  of  process 

2  upon  the  principal  agent  of  said  company,  or  the  presi- 

3  dent  or  any  of  the  directors  thereof,  shall  be  deemed  and 

4  taken  to  be  due  and  lawful  notice  of  service  of  process 

5  upon  the  company. 

XXV.  Be  it  further  enacted,    That  said  company  shall 

2  have  power  to  construct  branches  to  said  road,  or  tocon- 

3  nect  with  any  o.ther  railroad  that  may  be  constructed  ; 

4  and  any  contract   that   may  be   entered  into    with  any 

5  other  railroad  company,   by  the  president  and  director  s 

6  of  said  company,  after  the  consent  of  a  majority  of   the 

7  stockholders  having  been  first  obtained,  shall  be  binding 

8  on  said  company. 

XXVI.  Be  it  further  enacted,    That,  provided  the  State 
3  of  South  Carolina  shall  grant  a  charter  of  like  provisions 


132 


3  with  this  act,  then  the  said  railroad  company  shall  have 

4  corporate  existence  in  this  State,  and  in  South  Carolina, 

5  as  one  company,  unless  the  stockholders  in  North  Caro- 

6  lina  shall  prefer  a  separate  existence,  and  so  determine 

7  in  their  first  meeting  ;  and  in  that  event,  or  if  the  State 

8  of  South  Carolina  fails  at  the  next  term  of  her  Legisla- 

9  ture,  to  concur  in  this  or  a  similar  charter,  then  it  shall 

10  be  competent  for  the  company  hereby  incorporated,   to 

11  make  their  road  to  such  point   on  the  South   Carolina 

12  line,  as  they  shall  determine. 

XXVII.   Be  it  further  enacted,  That  all  officers   of  the 

2  company,  and  servants  and  persons  in   the  actual   em- 

3  ployment  of  the  company,  be,  and  they  are  hereby   ex- 

4  empted  from  performing  ordinary  military  duijy  work- 

5  ing  on  public  roads,  and  serving  as  jurors. 


[Senate   Document,  No.  11.] 


PETITION. 

The  undersigned  citizens  of  the  Town  of  Fayettevilie, 
and  of  the  County  ot  Cumberland,  respectfully  pray  the 
General  Assembly,  to  pass  the  accompanying  Bill  for  the 
establishment  of  a  Bank  in  Fayettevilie. 

Your  memoralists  respectfully  show,  that  there  is  in  Fay- 
ettevilie and  Cumberland  County,  a  great  want  of  Banking 
facilities,  and  that  the  amount  of  Capital  is  inadequate  to 
the  requirements  cf  business. 

Twenty  five  years  ago,  the  amount  of  Banking  Capital 
was  $1,050,000.  Now,  although  the  population  has  very 
largely  increased  since  1830,  the  Capital  employed  is  only 
$830,000.  Then,  two  Steamers  were  sufficient  for  the  car- 
rying trade  between  Fayettevilie  and  the  port  of  Wilming- 
ton. Now  there  are  10  Steamers  actively  engaged,  and 
3  others  are  in  progress  of  building.  In  the  mean  time  the 
trade  has  more  than  doubled.  Then,  scarcely  a  barrel  of 
Naval  Stores  was  exported  ;  now  there  are  36  distilleries 
within  the  reach  of  the  market  of  Fayettevilie,  and  depen- 
dant upon  it  for  supplies,  and  requiring  to  successfully 
carry  on  business  a  Capital  of  $400,000.  Then  there  was 
not  a  cotton  spindle  in  motion ;  now  there  is  in  Fayette- 
vilie and  its  vicinity,  seven  Cotton  Mills,  and  an  extensive 
Paper  Mill,  with  a  Capital  of  at  least  $450,000. 

In  the  last  four  years,  the  citizens  of  this  County  have 
perfected  five  Plank  Roads,  viz : 

The  Fayettevilie  and  Western,   stretching  out  120  miles, 
to  Salem,  106  miles  of  which  have  been  completed. 
The  Southern  Road,  17  miles  completed. 


76 


The  Northern  Road,  of  60  miles,  10  of  which  are  com- 
pleted and  under  toll. 

The  Raleigh  Road  of  60  miles,  11  of  which  are  completed 
and  under  toll. 

The  Centre  Road  reaching  through  Richmond,  Mont- 
gomery,  Stanly,  and  Cabarrus  County  to  Concord,  15  miles 
of  which  are  nearly  completed  and  35  miles  under  contract, 
besides  numerous  branches  diverging  from  the  main  stems 
of  these  several  Roads — the  whole  investments  on  Plank. 
Roads  reaching  to  at  least  $375,000. 

The  export  value  of  timber  and  lumber  down  the  Cape 
Fear  River,  to  Wilmington,  from  Cumberland  alone, 
amounts  to  $500,000.  The  latter,  the  product  of  8  Steam' 
Mills,  and  numerous  Water  Mills. 

Your  memorialists  therefore  represent,  that  the  develop- 
ment of  the  resources  of  this  county,  and  the  successful 
issue  of  the  numerous  enterprizes,  requires  an  increase  ot 
Banking  facilities,  and  they  rely  upon  the  wisdom  and 
liberality  of  the  Legislature  for  proper  chartered  privileges. 


W.  W.  Waddill,  Jr. 
Joel  Williams, 
N.  R.  McDuffie, 
T.  S.  Lutterloh, 
Chs.  Montague, 
A.  A.  McKethan, 
Augustus  W.  Steel, 
Jos.Utley, 

C.  Benbow, 
Geo.  McNeill, 
Cook  &  Taylor, 
Ray  &  Pearce, 
Thos.  J.  Curtis, 
S.W.  Tillinghast, 
Warren  WTinslow, 
Wm.  H.  Haigh, 
William  J.  Latta, 
J.  M.  Williams, 

D.  &  W.  McLaurin, 
N.  Branson, 

H.  Branson, 


A.  H.  Whitfield, 

J.  I),  Callais, 

John  P.  Leonard, 

R.  Little, 

Tho.  H-  Massy, 

Wm.  Watson, 

W.  J.  McDiarmid, 

J.  B.  Nicholson, 

Robert  Mitchell, 

G.  W.  McDiarmid, 

W.  W.Jones, 

M.  W.  Jessup, 

McDonald  &  J.  W,  Masten, 

Peter  P.  Johnson, 

S.  F.  Arey, 

Jno.  Smith, 

S.  Boon, 

T.  G.  Hall, 

L.  H.  Steel, 

J.  C.  Thomson, 

S.  J.  Hinsdale, 


77 


Edvv'd  Lee  Winslow, 
J.  McGilvary, 

D.  T.  Newby, 
A.  W.  Campbell, 
Edwin  Glover, 
C.  S.  Irving, 

J.  B.  Hawley, 
Warren  Prior. 
Geo.  W.  McDonald, 
P.  Shemwell, 
Jas.  I).  Nott, 
John  Not  t, 
Charles  Banks, 
C.  A.  McMillan, 
Jas.  A.  McRae, 
G.  Doming, 
C.  W.  Andrews, 
Willkings  &,  Co., 
John  H.  Hall, 
Hall  &  Sackett, 
J.  G.  Shepherd, 
William  Bow, 
Beverly  Rose, 
Thos.  C.  Fuller, 
Jno.  D.  McWilliams, 
Isaac  Dodd, 
Thos.  J.  Robinson, 
Benj.  F.  Pearce, 
James  Crow, 
J.  S.  Banks, 
P.  Taylor, 

E.  S.  Hobbs, 
C.  Carson, 
W.  H.  Carver, 
Jas.  Cain, 
David  Gee, 

Alex.  Johnson  &  Co., 
Hugh  Graham, 
W.  F.  Moore, 
J.  T.  Council  &  Cain, 
Chas.  D.  Nixon, 

F.  D.  Briell, 
C.  S. Johnson, 
J.  W.  Leet, 
W.  Mclntyre, 


J.  M.  Beasley, 
And.  O'Hanlon, 
Cook  &  ^Johnson, 
J.L.  Waddill 
A.  M.  Laughtin, 
J  W.  Powers, 
W.  G.  Barbee, 
Alex.  Williams, 
G.  W.  J.  Goldston, 
J.  B.  Ferguson, 
J.  H.  Pemberton, 
Gnat  Baker, 
John  C.  Haigh, 
Geo.  Lauder, 
N.  A.  Stedman, 
John  Smith, 
Archibald  Graham, 
John  McRae, 

D.  McRae, 
Daniel  Clark, 
John  Fort, 

W.  H.  Lutterloh, 
A.  M.  Johnson, 
J.  P.  Johnson, 
W.  P.  Home, 
J;  C.  Stedman, 

E.  Fuller, 
O.  P.  Stark, 

A.  C.  Hart, 
D.  G.  McRae, 
Geo.  S.  Hodges. 

B.  Fuller, 

Lawrence  &  Troy, 
W.  B.  Wright, 

W.  A.  Huske, 
M.  McKinnon, 
R.  M,  Orrell, 
J.  E.  Bryan, 
J.  Winslow, 

C.  Lutterloh. 
W.  G.  Mathews, 

A.  J.  McPherson,  Jr. 
W.  A.  Rose,- 
T.  P.  Underwood, 
W.  T.  Evans. 


[78] 


We  certify  that  notice  has  been  given  in  the  Fayette- 
ville  Observer,  for  more  than  thirty  days  prior  to  this  time, 
that  an  application  would  be  made  to  the  present  General 
Assembly,  to  charter  the  Bank  of  North  Carolina,  in  the 
town  of  Fayetteville. 

E.  J.  HALE  &  SON, 
Proprietors  of  the  Observer. 
October  28;  1852. 


UNIVERSITY  OF  N.C.  AT  CHAPEL  HILL 


00042072005 


FOR  USE  ONLY  IN 
THE  NORTH  CAROLINA  COLLECTION 


&$3 


